[HISTORY: Adopted by the Borough Council of the Borough of
Baldwin 3-18-2002 by Ord. No. 767. Amendments noted where applicable.]
Wherever used in this chapter, the following words shall have
the meanings indicated:
The Borough of Baldwin.
Land surrounding the immediate perimeter of a timbering and
logging operation in which no cutting of trees and other vegetation
shall occur except for the isolated cutting of individual trees which
are dead, sick, infected or constitute an immediate danger to neighboring
properties or the public generally.
A timbering and logging method that removes all trees from
a tract of land or portions thereof.
The aboveground portion of a tree consisting of branches,
stems, buds, fruits and leaves. This may also be referred to as the
canopy.
The tree trunk measured in inches at a height of 4.5 feet
above the ground. If a tree splits into multiple trunks below 4.5
feet, the trunk is measured at its most narrow point beneath the split.
The appointed Engineer of the Borough of Baldwin.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom.
The act of cutting a standing tree so that it falls to the
ground.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved
to a new location and shall include the conditions resulting therefrom.
A person with a degree in forestry from a college or university
accredited by the Society of American Foresters.
A plan establishing the best conservation and management
practices for a landowner.
The elevation of the existing ground surface at the location
of any proposed excavation or fill.
Excavation or fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
A danger to life, limb, health or property.
A place where logs, pulpwood or firewood are assembled for
transportation to a processing facility.
Any cutting and removing of trees for commercial purposes
from a tract of land that is greater than 10 acres in size.
Any cutting and removing of trees for commercial purposes
from a tract of land that is less than 10 acres in size.
A natural person but shall also include a partnership or
corporation.
A lot, tract or parcel of land or a series of lots, tracts
or parcels of land which are adjoining where timbering and logging
is continuous and performed at the same time.
A method of selectively removing trees from a wooded area
either singly or in small groups according to age, size or type, with
provisions being made for natural or artificial vegetation.
A large machine used in moving logs from a stump site to
a landing.
The act of moving logs from a stump site to a landing.
The woody material or debris left on the ground after the
area is timbered and logged.
The upper portion of a felled tree that is unmerchantable
because of small size, taper or defect.
Any self-supporting woody plant growing upon the earth which
provides one main trunk and produces a more or less distinct and elevated
head with many branches; also, any self-supporting woody plant usually
having a single woody trunk and a potential DBH of two inches or more.
The following shall be minimum standards for issuance of both
minor and major timbering and logging permits:
A.
All timbering and logging operations shall be by the selection method.
Clear-cutting is prohibited.
B.
Timbering and logging operations shall not be undertaken on any ground
with a slope exceeding 25% nor in landslide- or flood-prone areas.
C.
Removal of trees which have a DBH of more than 20 inches shall be
reviewed by the Municipal Engineer before inclusion in any timbering
and logging operation.
D.
The diversity of the trees species shall be maintained within the
permit area at generally the same ratio both before and after the
timbering.
E.
Buffer zones of 25 feet along all abutting properties shall be maintained
on the property on which the timber and logging operation is being
conducted.
F.
Buffer zones of 25 feet along any streets, streams and around any
springs shall be maintained on the property on which the timber and
logging operation is being conducted.
G.
All cutting, removing, skidding and transporting of trees as part
of the timbering and logging operation shall be planned and performed
in such a manner as to minimize the disturbance of or damage to other
trees, vegetation and the land itself.
H.
Roads and trails shall be constructed, maintained and abandoned in
such manner as to prevent soil erosion and permanent damage to soils
and waterways.
I.
Roads and trails shall only be wide enough to accommodate the type
of equipment used, and grades of such roads and trails shall be kept
as low as possible.
J.
Where possible, stream crossing shall be avoided, but where deemed
necessary, crossings shall be made at a right angle across suitable
culverts or bridges.
K.
Skidding across live or intermittent streams is prohibited except
over culverts or bridges.
L.
All limbs and stubs shall be removed from felled trees prior to skidding.
M.
All trees bent or held down by felled trees shall be promptly released.
N.
No trees shall be left lodged in the process of felling.
O.
Felling or skidding on or across property of others is prohibited
without the express written consent of those property owners. Felling
or skidding on or across any public street is prohibited without the
written permission of the appropriate municipal, county or state government
agency.
P.
No tops or slash shall be left within 50 feet of an adjoining property
or public street; within 25 feet of any stream and/or historic or
scenic trail; or within 10 feet of any drainage ditch.
Q.
The stumps of all felled trees shall be permitted to remain in the
soil for stabilization purposes.
R.
Upon completion of the timbering and logging operation, all roads
shall be graded to eliminate any wheel ruts, and access to such roads
from public streets by motor vehicles of any kind shall be effectively
blocked.
S.
Both minor and major timbering and logging permit applicants shall
allow Borough officials to inspect the sites at times to be determined
by the Borough.
No person shall commence or perform any minor logging operation
without first having obtained a minor timbering and logging permit
from the Building Inspector. A separate minor timbering and logging
permit shall be required for each site. One permit may cover the timbering
and logging undertaken on the same site. A minor timbering and logging
permit will not be required, however, in any one of the following
situations, but in all other respects the provisions of this chapter
shall apply:
A.
No minor timbering and logging permit is required when the removal of trees is limited to reasonable, regular, normal maintenance and landscaping improvements by individual homeowners where standards in § 148-2 of this chapter are not violated.
B.
Removal of trees is limited to site preparation for an approved building
permit.
C.
Removal of trees is limited to site preparation for an approved site
or subdivision plan.
A.
Every applicant for a minor timbering and logging permit shall file
a written application therefor with the Building Inspector in a form
and number to be determined by the Building Inspector. Such application
shall:
(1)
Describe the land on which the proposed work is to be done by lot,
block, tract or street address or similar description which will readily
identify and definitely locate the proposed work;
(2)
State the estimated dates for the starting and completion of the
timbering and logging work;
(3)
State the purpose for which the timbering and logging application
is filed;
(4)
Include specifications setting forth the details of work, such as
materials, methods, procedures and a certificate of insurance;
(5)
Include a description of the type of tree removal project, identifying
thinning, selective cutting, clear-cutting, and/or aesthetic improvement
cut;
(6)
Include a description of the area to be timbered, specifying the
area to be timbered, the species mixture, a sampling of tree sizes
and the existence of any unusual, scarce or endangered species;
(7)
Include a one-hundred-percent inventory of all trees to be timbered,
stating species, size and quantity. This inventory shall include those
trees which are diseased, damaged or in otherwise unhealthy condition;
(8)
Include a statement demonstrating how trees that are not proposed
for removal are to be protected during the timbering operation;
(9)
Include information as to how all trees will be marked for removal
and those trees which are to remain on the site;
(10)
Include a specific plan for replanting and reforestation; and
(11)
Include a time schedule for the start and completion of all work
within the timbering area.
B.
The edge of the designated area will not be disturbed and shall be
maintained at a width of 25 feet. Ingress and egress points shall
be located as determined and approved.
C.
All trees shall be cut at a minimum of 18 inches to the ground.
D.
The crowns of the felled trees shall be reduced to firewood length
and stacked unless they are removed from the site as they are cut.
Branches less than four inches in diameter shall be processed to wood
chips and remain on the site.
E.
All other federal, state and local laws, ordinances and resolutions
shall be in full force and effect as they relate to any minor timbering
and logging operation.
B.
The Building Inspector may impose reasonable conditions and safeguards,
in addition to those expressed in this chapter, as he may deem necessary
to protect the health, safety and welfare of the Borough and its residents.
C.
Every grading permit shall expire by limitation and become null and
void if the work authorized by such permit has not been commenced
within three months or is not completed within one year from the date
of issue.
D.
Where, in the opinion of the Building Inspector or the Borough Engineer,
the work as proposed by the applicant is likely to endanger any property
or person or any street or alley or create hazardous conditions, he
may deny the minor timbering and logging permit.
E.
An applicant may appeal the decision of the Building Inspector within
30 days of the denial of the requested permit. The Council of the
Borough shall consider promptly appeals from the provisions of this
chapter and the Council shall make determinations of alternate methods,
standards or materials when, in its opinion, strict compliance with
the provisions of this chapter is unnecessary. Any applicant or permit
holder shall have the right to appeal to any court of competent jurisdiction
from any decision or determination of the Council of the Borough.
No person shall commence or perform any major logging operation
without first having obtained a major timbering and logging operation
permit from the Borough Council. A separate minor timbering and logging
permit shall be required for each site. One permit may cover the timbering
and logging undertaken on the same site.
A.
Every applicant for a major timbering and logging permit shall file
a written application therefor with the Building Inspector in a form
and number to be determined by the Building Inspector. An applicant
for a major timbering and logging permit must pay a fee based on a
schedule set by resolution of Council. Each application for a major
timbering and logging permit shall:
(1)
Describe the land on which the proposed work is to be done by lot,
block, tract or street address or similar description which will readily
identify and definitely locate the proposed work;
(2)
State the estimated dates for the starting and completion of the
timbering and logging work;
(3)
State the purpose for which the timbering and logging application
is filed;
(4)
Include specifications setting forth the details of work, such as
materials, methods, procedures and a certificate of insurance;
(5)
Include a description of the type of tree removal project, identifying
thinning, selective cutting, clear-cutting, and/or aesthetic improvement
cut;
(6)
Include a description of the area to be timbered, specifying the
area to be timbered, the species mixture, a sampling of tree sizes
and the existence of any unusual, scarce or endangered species;
(7)
Include a one-hundred-percent inventory of all trees to be timbered,
stating species, size and quantity. This inventory shall include those
trees which are diseased, damaged or in otherwise unhealthy condition;
(8)
Include a statement demonstrating how trees that are not proposed
for removal are to be protected during the timbering operation;
(9)
Include information as to how all trees will be marked for removal
and those trees which are to remain on the site;
(10)
Include a specific plan for replanting and reforestation;
(11)
Include a statement of all general soil conditions throughout the
proposed timber area;
(12)
Include a list of all equipment to be used in the operation; and
(13)
Include a time schedule for the start and completion of all work
within the timbering area.
B.
The edge of the designated area will not be disturbed and shall be
maintained at a width of 25 feet. Ingress and egress points shall
be located as determined and approved.
C.
All trees shall be cut at a minimum of 18 inches to the ground.
D.
The crowns of the felled trees shall be reduced to firewood length
and stacked unless they are removed from the site as they are cut.
Branches less than four inches in diameter shall be processed to wood
chips and remain on the site.
E.
All other federal, state and local laws, ordinances and resolutions
shall be in full force and effect as they relate to any minor timbering
and logging operation.
The applicant shall provide a list of names and addresses of
all property owners within 1,000 feet of the property where an applicant
intends to engage in a major timbering and logging operation. The
Building Inspector shall notify all affected property owners in writing
of the proposed major timbering and logging operation, including the
date of any public hearing.
A public hearing pursuant to public notice shall be held by
the Borough Council.
A completed application for a major timbering or logging permit
shall be approved or disapproved by Council within 90 days of completion
with all requirements of chapter. Failure to approve or disapprove
a completed application for a major timbering or logging permit shall
not be considered a deemed approval of the completed application.
Council may impose reasonable conditions and safeguards, in addition
to those expressed in this chapter, as it may deem necessary to protect
the health, safety and welfare of the Borough and its residents. This
includes, but is not limited to, the imposition of bond and insurance
requirements.
A.
No person shall undertake any action which would be in violation
of any provision of this chapter.
B.
When written notice of a violation of any of the provisions of this
chapter has been served by the Building Inspector on any person, such
violation shall be discontinued immediately.
C.
Any person violating any of the provisions of this chapter shall
be liable, on conviction thereof, to a penalty not exceeding $300
plus costs of prosecution or to imprisonment for up to 30 days for
each and every offense. Whenever such person shall have been notified
by the Borough that he is committing such violation, after such notification
each day that he shall continue such violation shall constitute a
separate offense punishable by a like fine or penalty. Such fines
or penalties shall be collected as like fines or penalties are now
by law collected.
In case any work is performed by any person in violation of
any of the provisions of this chapter, the proper officer of the Borough,
in addition to other remedies, may institute in the name of the Borough
any appropriate action or proceeding, whether by legal process or
otherwise, to prevent such unlawful work and to restrain or abate
such violation.
